Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit

If doctors don't take care they may stretch or tear the brachial muscle during the birth. This injury is often caused by medical malpractice and can result in Erb's Palsy in newborns.

Compensation can help families pay for medical bills and treatment. A lawsuit for the condition Erb's Palsy may also cover emotional trauma.

What is Erb's palsy?

In Erb's Palsy the brachial plexus (a network of nerves that runs through the neck and arms) is damaged. In the result, the arm may be weak or inactive, and the child may have difficulty using it. A physical therapist may help improve the condition. In some cases surgery may be required to help repair or replace the affected nerve fibers. Unfortunately, however 20 percent of children suffering from Erb's syndrome do not recover in any way that is measurable.

A medical professional can cause an Erb's Palsy injury during a difficult birth when he or she applies excessive force or pulls on the baby's shoulders to assist them emerge from the birth canal. This is called shoulder dystocia. It can occur in any birth. However, it's more common when the infant is bigger than normal or born to the breech position.

Doctors need to be aware of the risk factors and adhere to specific protocols when giving birth to avoid these complications. This is called the standard of care. Infractions to this standard could result in serious injuries to both mother and child.

If your child has suffered from an injury to the brachial plexus, an Erb's palsy lawyer can assist you in filing an action to recover financial compensation. The money will be used to pay for your child's treatment and improve the quality of their life.

How do I file suit?

Erb's Palsy is a common birth injury that is caused by medical negligence. The condition causes damage to the network called brachial plexus of nerves that are located in the baby's neck and shoulders. This condition can result in substantial financial and physical costs for your family. It is essential to work with a Long Island Erb's palsy lawyer to determine the full extent of your child's injuries as well as the expenses associated with them.

Medical professionals are trained to recognize the risk factors for shoulder dystocia during labor and delivery and they should be able to prevent these injuries from occurring. A physician or other medical professional can trigger Erb's Palsy if they fail to recognize that the delivery is becoming complicated and take unnecessary measures to get the baby out. This could lead to pulling on nerves.

A doctor may also cause an injury to the nerve of Erb's Palsy because they do not decide to perform a Cesarean section when it is clear that your child will be unable to deliver vaginally. If you suspect that your child's Erb's palsy was caused by medical malpractice it is recommended that you work with an Long Island Erb's Palsy Lawyer to make a claim against the responsible parties. Your lawyer will assist you to determine the cost of your child's treatment as well as calculate your possible compensation amount. The majority of cases are settled by settlements, which offer faster and more comprehensive financial compensation than going to trial.

What happens if you are sued?

If your child's condition of Erb's palsy was the result of negligence on the part of a medical professional, your family deserves compensation. This can help to cover the cost of future treatments or therapy as well as other costs associated with your child's nerve injury.

A medical malpractice lawsuit involving Erb's Palsy is a type of erb's palsy attorney Palsy. Your lawyer will go through the birth records of your child to determine if a doctor acted in a negligent way during the delivery process. They can also rely on medical experts to present evidence regarding the injury your child sustained and the causes.

In many cases, Erb's Palsy is caused by medical professionals pulling on the baby too hard to help in the birth. This can lead to injuries to the brachial plexus. This is a frequent issue with shoulder dystocia, in which babies' shoulders are stuck in the birth canal and can cause excessive downward pressure on a woman's head neck or shoulders.

Once your lawyer has gathered the evidence needed, they will file your lawsuit against the defendants. The defendants have 30 days to respond. The next step is the discovery process, where both your lawyer and the legal team of the defendant gather additional evidence to prove their respective sides of the argument. This can include depositions of witnesses, expert reports, and other evidence. Your case could settle out of court or go to trial based on the outcome of your discovery.

What is the maximum amount I can anticipate to receive in a lawsuit?

Every case is different and therefore there is no standard amount for settlement. However, the aim of our legal team is to secure an amount which compensates you fairly. We consider your expenses, including treatment costs as well as any loss of income. We can also prepare you for any tax that could be a part of your settlement.

Many cases of Erb's palsy could have been avoided by proper treatment. We will look into your case for free to determine whether there are grounds for a suit.

Medical negligence is the cause of numerous birth injuries. This means that a doctor or a nurse committed a mistake that negatively affected your child's wellbeing. These mistakes could include the incorrect use of forceps or vacuum devices, trying to deliver a baby that has an unusual size or position in the womb and shoulder dystocia during birth. Most of the time, the cause for shoulder dystocia is caused by excessive stretching or pulling of the infant's head and shoulders during a difficult or prolonged delivery. Medical professionals are aware of the dangers and Erb's palsy should be avoided. If your child sustained an injury due to medical negligence during labor or delivery, contact us to get a no-cost case evaluation.